Full Judgment Text
N.C. No. 2023:DHC:2804-DB
$~30
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25.04.2023
MAT.APP.(F.C.) 230/2018 & CM APPLs. 14120/2021, 37616/2021,
8556-57/2022
ANITA ARORA ..... Appellant
versus
SALIL KUMAR ARORA ..... Respondent
Advocates who appeared in this case:
For the Appellant: Ms. Aarti Mahajan and Ms. Shriya Sharma, Advocates
along with appellant in person.
For the Respondent: Mr. Parveen Southey and Ms. Manisha, Advocates along
with respondent in person.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON’BLE MR. JUSTICE VIKAS MAHAJAN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellant impugns order dated 30.05.2018 whereby an interim
maintenance was fixed for the appellant. We had interacted with the
parties and their child aged 16 years in chamber on 12.04.2013
thereafter, further interaction was held with the parties on 20.04.2013
and today in court.
2. The respondent is a cancer survivor, however, requires special
diet and care from time to time. It is also not in dispute that at times
when respondent requires care, appellant had come forward and
Signature Not Verified
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:26.04.2023
16:46:47
MAT.APP.(F.C.) 230/2018 Page 1 of 6
N.C. No. 2023:DHC:2804-DB
provided him the requisite care in the hospital and even at her own
house.
3. The son with whom we had interacted also wanted to reside
with the respondent as a family.
4. Parties have settled their disputes and agreed as follows:-
(i) Both the parties have agreed to bury the hatchet and have
agreed to reside together along with their son as a family at
Property no. 4/30, First Floor, West Patel Nagar, New Delhi,
which is the property owned by the respondent.
(ii) The appellant who is present in person submits that she
shall take full care of the respondent and also take care of his
special needs and special diet and also provide full emotional
support, love and affection towards him.
(iii) The respondent undertakes that he shall bear the entire
household expenditure of the family of approximately Rs.
50,000/- per month and in addition pay to the appellant a sum of
Rs.15,000/- per month as her pocket money.
(iv) He further assures that he shall take care of the entire
educational and other expense of their son Astik Arora.
(v) Respondent states that he is the owner of the following
properties:-
Signature Not Verified
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:26.04.2023
16:46:47
MAT.APP.(F.C.) 230/2018 Page 2 of 6
N.C. No. 2023:DHC:2804-DB
(a) Shop no.2 in building bearing No.6/79, W.E.A Padam
Singh Road, Karol Bagh, New Delhi-110005.
(b)Shop No.3 in building bearing No.3425/28, Padam
Chambers, Padam Singh Road, Karol Bagh, New Delhi-
110005.
(c) Shop No.8A/37, Channa Market, W.E.A, Karol Bagh,
New Delhi-110005.
(d)Shop No. 3 in Property No. 7A/72, Channa Market, Karol
Bagh.
(e) First floor of property no.4/30, First Floor, West Patel
Nagar, New Delhi.
(f) Undivided share in Third Floor of property no. 20/5,
West Patel Nagar, New Delhi.
(vi) Respondent undertakes that he shall not sale, alienate or
transfer any of the above referred immovable properties. He
further states that after his demise the properties would devolve
upon the appellant his wife and in case she predeceases to the
son. This, he submits is subject to the condition that the
appellant and the son continue to take care of the respondent
and resides with him as a family till his death.
(vii) The original title deeds, documents of following property
are lying deposited in the Registry in these proceedings:
Signature Not Verified
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:26.04.2023
16:46:47
MAT.APP.(F.C.) 230/2018 Page 3 of 6
N.C. No. 2023:DHC:2804-DB
a. Original Sale Deed dated 26.06.2004 in favour of Salil
Kumar with respect to property no.6/79, Padam Singh Road,
Karol Bagh, New Delhi-110005.
b. Original Sale Deed dated 12.05.2008 in favour of Salil
Kumar with respect to property no.3924-225, Gali No.28,
Rehgarpura, Karol Bagh, New Delhi-110005.
c. Original Sale Deed dated 26.06.2004 in favour of Salil
Kumar with respect to property no.8A/37, W.E.A, Karol
Bagh, New Delhi-110005.
d. Original Sale Deed dated 27.04.2007 in favour of Mrs.
Uma Arora with respect to property no.72, Block No.7-A,
W.E.A, Karol Bagh, New Delhi-110005.
e. Order Sale Deed dated 23.07.2004 in favour of Lt. Shri
Ravinder Nath Arora and Lt. Smt. Uma Arora with respect
st
to property no.4/30, 1 Floor, West Patel Nagar, New Delhi-
110008 (House).
(viii) It is agreed that the title documents shall continue to
remain in safe deposit with the Registrar General of this court.
The title documents shall not be sought release nor will the
property be sold by the respondent during his lifetime. The
parties agreed that in case of any medical emergency or other
necessity requiring the release of the property for the benefit of
the respondent for his treatment they shall approach this court
for appropriate orders.
Signature Not Verified
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:26.04.2023
16:46:47
MAT.APP.(F.C.) 230/2018 Page 4 of 6
N.C. No. 2023:DHC:2804-DB
(ix) On the demise of the respondent, the original title
documents shall be released to the appellant or the son as the
case may be.
(x) Original passport and pan card of the respondent
deposited with this court be released to him.
(xi) Parties further undertake that they shall take appropriate
steps for withdrawal or compounding/quashing of all
proceedings initiated by them against each other within three
months from today.
(xii) It is agreed that the entire rental of the tenanted premises
shall be collected by the respondent-husband and/or deposited
directly by the tenants in the account of the respondent.
Respondent further assures that he shall duly take care of the
entire household expenditure, approximately of Rs.50,000/- per
month, educational expenses and other expenses of the child
besides paying an amount of Rs.15,000/- per month to the
appellant. Respondent undertakes that in any case, he deserts
the appellant or their son without any reasonable cause. He shall
continue to pay the household expenditure, educational
expenses besides the said amount of Rs.15,000/- to the
appellant.
5. Parties also undertake that they shall abide by the terms and
conditions of the settlement. The undertakings are accepted.
Signature Not Verified
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:26.04.2023
16:46:47
MAT.APP.(F.C.) 230/2018 Page 5 of 6
N.C. No. 2023:DHC:2804-DB
6. In view of the above settlement, learned counsel for the
appellant seeks to withdraw the present appeal, the appeal is dismissed
as withdrawn. Parties are bound down to their undertaking.
SANJEEV SACHDEVA, J
VIKAS MAHAJAN, J
APRIL 25, 2023/dss
Signature Not Verified
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:26.04.2023
16:46:47
MAT.APP.(F.C.) 230/2018 Page 6 of 6